Dave Thomas Foundation for Adoption

Legal and privacy policy

The Dave Thomas Foundation for Adoption (Canada) (“DTFA-C”) requires that all visitors to this site agree to these terms and conditions. If you have not read, do not understand, or do not agree to be bound by these terms and conditions, you should not use this site. By accessing the site you indicate your acknowledgment and acceptance of these terms and conditions. For your reference you may print these terms and conditions by clicking the “print” option below. DTFA-C reserves the right to change these terms and conditions from time to time at its sole discretion and without notice.

As it is your responsibility to check for such updates, you should revisit this page from time to time as your use of this site is subject to the most current version of the terms and conditions posted on the site at the time of such use. The last revision date for these terms and conditions is set forth below:

April 30, 2009

If you access, browse, or use this site after the terms and conditions are revised, we will assume that you have reviewed and accepted the revised terms.

The text, images, graphics, sound files, animation, videos, and their arrangement on DTFA-C website are all subject to intellectual property right protection, and such material from www.davethomasfoundationforadoption.ca and any other world wide web site owned, operated, licensed, or controlled by the Dave Thomas Foundation for Adoption, or any of its related, affiliated, or subsidiary companies or DTFA-C (collectively “DTFA”) may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DTFA. Modification or use of the materials for any other purpose violates DTFA intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site, but remain with DTFA, who owns full and complete title to the material in this site.

Submissions

All remarks, suggestions, ideas, graphics, and other information communicated to DTFA through this site (collectively the “Submission”) will forever be the property of DTFA. DTFA will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas), and will not incur any liability as a result of any similarities that may appear in future DTFA operations. Without limitation, DTFA will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. DTFA will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this site you acknowledge that you are responsible for whatever material you submit, and you, not DTFA, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. DTFA does not warrant or make any representation regarding the use of the materials contained in this site in terms of correctness, accuracy, reliability, or otherwise. The material in this site may include technical inaccuracies or typographical errors, and DTFA may make changes or improvements at any time.

No warranties or representations

THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, ORAL, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DTFA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DTFA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DTFA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. ACCORDINGLY, BY USING THIS INFORMATION, YOUR USE OF (OR INABILITY TO USE) THIS SITE IS AT YOUR OWN RISK. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THIS SITE IS TO CEASE USING THE THIS SITE. IN NO EVENT SHALL DTFA, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AND AGENTS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, RESULTING FROM, OR IN ANY WAY CONNECTED TO, THE USE OF THIS SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THIS SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHER THEORIES OF LIABILITY, EVEN IF DTFA HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.

Intellectual Property Rights

The following trademarks used herein are the property of Oldemark LLC, used with permission:

• Adoption-Friendly Workplace
• Dave Thomas Foundation for Adoption (and Design)
• Wendy’s
• Wendy’s 3-Tour Challenge
• Wendy’s Wonderful Kids (and Design)

All other trademarks are the property of their respective trademark owners.

By accessing this site, you and DFTA agree that all matters relating to your access to, or use of, this site shall be governed by the laws of the Province of Ontario, without regard to the conflicts of laws principles of such Province. You and DFTA agree that each party shall comply with such obligations as may be required of it with respect to the protection of personal information (“Data”) in those jurisdictions where such Data may be located and/or accessed (for example, such legislation as may be applicable in Canada). In addition, you agree that you shall not, in undertaking your obligations pursuant to these terms and conditions, undertake any acts or omissions that would result in DFTA being in breach of such legislation. The parties confirm that it is their wish that these terms, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise. These terms and conditions comprise the entire agreement between the parties relating to the use of this site. DTFA products and services are available in many parts of the world. However, this DTFA-C site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by DTFA. DTFA is not responsible for the content of those sites.

Privacy statement

This document (“Policy”) describes the DTFA policy regarding information received about you during visits to our website. The information received by DTFA is dictated by the amount and type of information received during your visit. DTFA respects the privacy concerns of the visitors to its site and accordingly, no Data is automatically obtained by visiting the site. Please note that Data does not include aggregate information that does not allow an individual to be identified; information about your visit to our websites which is not linked to you; information about your computer’s operating system and web browser software (this technical information is verified to ensure that our websites are optimized to serve our customers); the total number of visitors to the site in the aggregate; and the name of Internet server or the name, title, business address, or telephone number of an employee of an organization. If you do not agree with our Policy, please contact us at the address given at the end of this Policy, we would be pleased to address your concerns. Your use of this site constitutes acceptance of and agreement with this Policy, described below, including your agreement and consent to DTFA’s use of such information as described in it.

There may be occasions when DTFA obtains Data to provide the visitor with correspondence or otherwise. However, DTFA generally only gathers Data, such as names, addresses, e-mail addresses, etc., when a visitor voluntarily submits the same. Such Data, which may be gathered in connection with DTFA online visitors, is used solely by DTFA and is not sold, transferred, or otherwise disseminated to third parties outside DTFA. Normally, we ask for your consent in writing, but in some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.

DTFA will retain your Data for only the period of time which is reasonable under the circumstances, generally one year from the date of your final transaction with us, and once your Data is no longer required for the purposes discussed above, it will be deleted.

Under certain circumstances, DTFA will disclose your Data: when we are required or authorized by law to do so, for example, if a court issues a subpoena; when you have consented to the disclosure; when the services we are providing to you require us to give your information to third parties (your consent will be implied, unless you tell us otherwise); where it is necessary to establish or collect fees; if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our privacy policy; or if the information is already publicly known.The security of your Data is very important to us, and we are committed to protecting the information we collect. Dave Thomas Foundation for Adoption uses online safeguards and has security measures in place at its physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you at our website. To protect the security of your credit card information, we use Secure Sockets Layer (SSL) technology. This internet encryption protocol scrambles data as it travels from your computer to our server. DTFA cannot, however, guarantee that loss, misuse, or unauthorized use will never occur (e.g., that someone will overcome our security measures). If you receive any electronic communication which purports to be from DTFA that you have any questions or concerns about, please contact us. Spam, improper use, and pirating of domain names and email addresses is a growing problem, so we appreciate hearing about incidents in order that we may investigate them and provide you the best service.

You may ask for access to any Data we hold about you by contacting us as described at the end of this policy. Summary information is available on request, and we will attempt to respond to the request within 30 days of receipt. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees and may take longer to respond to.

DTFA attempts to ensure that Data is accurate, complete, and up to date for the purposes for which it is used. If DTFA holds information about you and you can establish that it is not accurate, complete and up to date, DTFA will take reasonable steps to correct it.

Your rights to access your Data are not absolute.

We may deny access when: denial of access is required or authorized by law; information relates to existing or anticipated legal proceedings against you; the information was generated as a result of a formal dispute resolution process including a court case; when granting you access would have an unreasonable impact on other people’s privacy, security, or proprietary information; to protect DTFA’s rights and property; or where the request is frivolous or vexatious or generates costs which are prohibitively expensive. If we deny your request for access to or refuse a request to correct information, we shall do so in writing and explain why.

Here are the options for accessing, changing, and modifying information previously provided.

E-mail info@davethomasfoundation.ca or send a letter to our President at:

or,

You should be aware that any channel of communication, such as e-mail, is not 100% secure, and you should be aware of this when contacting us to send Data or confidential information.

For your convenience, our website may contain links to other sites, which are not governed by this Policy. Our site may also be referenced on or accessible through links contained on other sites, including sites of third-party e-procurement networks. However, we have not investigated, and are not responsible for, the privacy practices or content of those sites. Their policies and protections may be different than those offered by DTFA. We encourage you to investigate and review the privacy practices of those sites prior to use.

When you interact with this site, we may use a browser feature, known as a “cookie” (which is a small computer file), to verify non-identifiable information about visitors to our websites and measure visitor traffic patterns. We do this to maintain the best possible websites. When you first visit our websites, the website manager may have implemented a program that creates a small computer file stored on your computer’s hard drive. We ensure that the minimum information required is placed in the cookie only so that we can recognize returning website visitors. The cookie does not contain Data and we will not combine information in the cookie with Data that would enable us to identify you individually. On subsequent visits to the website, our server communicates with your computer, reads the cookie, and recognizes and confirms that you are a returning visitor. Our server uses this information to provide you with a “shortcut” that facilitates the quickest, most efficient, and best possible website experience.

Most browser software allows you to delete cookies. You should consult your ISP for information on how to delete cookies. This may interfere with our ability to personalize your experience at our website and be recognized, or may slow down performance.

Parents

DTFA strongly encourages all parents to supervise their children’s online activities and regularly monitor their children’s use of the internet. Parents should consider using parental control tools and other services to assist them in supervising their children’s online use or online disclosure of names, addresses, and other personal information without parental consent.

DTFA reserves the right to change this policy at any time. Please check this page periodically for changes.

©2011 The Dave Thomas Foundation for Adoption.